Not necessarily. People often assume that if they are injured at work, they automatically qualify for workers’ compensation benefits, but this is not always the case. Most New York employers and occupations are covered by the Workers’ Compensation Law. However, to qualify for benefits, an injury victim must be able to prove that the injury, illness, or disease they are suffering from is causally related and a direct result of an injury sustained while working. In short, you must be able to prove, beyond the shadow of a doubt, that your injury is a direct result of your work.
Workers' Compensation Lawyers in New York
If I Am Injured at Work, Do I Immediately Qualify for Workers’ Compensation Benefits?
What qualities must be present for an injury to be covered by New York Compensation laws?
Not all work-related injuries are covered by workers’ compensation, or qualify to receive workers’ compensation benefits. However, there are several qualities that can make clear whether or not an injury qualifies. The following qualities must be present in order to pursue a legitimate workers’ compensation claim:
- The workplace must carry workers’ compensation coverage, whether required by state or optional.
- The victim must have suffered their injury (or injuries) or illness(es) as a direct result of performing their job or completing the necessary duties of their job.
- The victim must have given their employer a written notice of the incident that caused their injuries within thirty days of sustaining their injury. The sooner, the better.
- The victim should obtain and be able to produce a medical report stating that their injury (or injuries) or illness(es) are the direct result of workplace conditions or an on-the-job accident.
The four requirements above must be clearly fulfilled for a successful workers’ compensation claim. Even if all required elements are present, employers and insurance providers both can dispute the claim. It is important that you built substantial evidence and secure airtight representation to receive benefits from a workers’ compensation claim.
What type of Workers’ Compensation benefits will I qualify for?
Under New York State Law, many different types of benefits exist to help injured employees. These benefits are intended to prevent or relieve financial hardship and to help the victim make a full recovery. The following are some of the most common benefits awarded in workers’ compensation cases:
- Financial compensation equal to two-thirds of the victim’s average weekly wages based on the victim’s pay at the time of the incident but not in excess of $808.65, the New York State maximum.
- If the victim has suffered a partial disability, they may receive a reduced earning compensation.
- Workers’ compensation to cover costs of necessary medical treatment from doctors and chiropractors.
- Financial compensation for extremity injuries, or damage to the hands or legs, even if the injury does not prevent the victim from working.
- Reimbursement for financial expenses such as prescriptions or travel costs to see a doctor that are directly related to the victim’s injuries that the victim may have initially paid out of pocket. Costs of medical supplies and therapists can also be reimbursed.
Will my job security be affected if I file a workers’ compensation claim?
No. Filing a workers’ compensation claim should not affect you job security. Many victims of workplace injuries fear that by filing a workers’ compensation claim, they will be costing their employer money. This is not true. Workers’ compensation is a type of insurance for companies, so that if an employee is injured, the company does not assume the financial responsibility for the damages. The insurance pays for it, and it should not impact the company or your job security in any way.
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